Current Bill Status
Via A8509 - Signed by Governor

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S6787 - Details

S6787 - Summary

Relates to inspection and sale of industrial hemp seeds; includes industrial hemp as a crop.

S6787 - Sponsor Memo

BILL NUMBER: S6787
TITLE OF BILL : An act to amend the agriculture and markets law, in
relation to the inspection and sale of industrial hemp seeds, the
support of the industrial hemp industry and the inclusion of
industrial hemp as a crop
PURPOSE OF THE BILL :
This bill would modify the Agriculture and Markets Law (AML) to ensure
that industrial hemp will be considered an agricultural product and
that it be treated the same way as other crops and seed.
The bill would direct the establishment of an industrial hemp seed
certification program to ensure that authorized users of industrial
hemp seed have adequate protection with respect to trueness to
variety, germination, and concentration of delta-9
tetrahydrocannabinol (THC) in seed offered for sale. It also would
authorize the commissioner to collect industrial hemp data and use
that data to promote best farming practices for industrial hemp.
The bill would direct the Commissioner of Agriculture and Markets to
cooperate and consult with the New York State Urban Development
Corporation with respect to the funding and support of industrial hemp
research and to establish a webpage and a Department one-stop shop
toll-free hotline for technical assistance concerning industrial hemp.

The bill also would direct establishment of an industrial hemp
workgroup, composed of researchers and industry leaders to make
recommendations concerning research, state and federal policy, policy
initiatives, and, as consistent with federal and state laws,
opportunities for the promotion and marketing of industrial hemp.
SUMMARY OF PROVISIONS :
Section 1 of the bill would make a declaration of legislative findings
and intent.
Section 2 of the bill would amend AML § 136 (3) to add "industrial
hemp" to the definition of "agricultural seeds" and "crop seeds" for
purposes of AML Article 9-Inspection and Sale of Seeds.
Section 3 of the bill would amend AML § 301 (2) to add "industrial
hemp" to the definition of "crops, livestock and livestock products"
for purposes of AML Article 25-AA- Agricultural Districts Law.
Section 4 of the bill would amend AML Article 29 - Growth of
Industrial Hemp to add a new § 510 requiring the establishment of an
industrial hemp seed certification program.
Section 5 of the bill would amend AML Article 29 - Growth of
Industrial Hemp to add a new § 511 authorizing the commissioner to
engage in industrial hemp data collection and to use such data to
promote best farming practices for industrial hemp.
Section 6 of the bill would amend AML Article 29 - Growth of
Industrial Hemp to add a new § 5I2 requiring the commissioner to
consult and cooperate with the New York State Urban Development
Corporation regarding the funding and support of industrial hemp
research and businesses involved in the processing and manufacture of
industrial hemp products.
Section 7 would amend AML Article 29 - Growth of Industrial Hemp to
add a new § 513 requiring the commissioner to establish an industrial
hemp one-stop shop and website to provide information and technical
assistance to industrial hemp producers and manufacturers.
Section 8 would amend AML Article 29 - Growth of Industrial Hemp to
add a new § 514 requiring the commissioner to appoint a New York State
industrial hemp workgroup to provide recommendations concerning
research, current policy, policy initiatives, and promotion and
marketing opportunities consistent with federal and state law and
regulation.
JUSTIFICATION :
Industrial hemp and products derived from it offer tremendous
potential for farmers and manufacturers in New York State. It has a
wide array of uses, including food, fabric, insulation, carpeting,
paneling, cordage, pulp, fiber board, compost, mortar, bedding,
chemical feedstocks, and pharmaceuticals.
The 2014 federal Farm Bill authorized state pilot programs for hemp
research. Based upon this and other changes in federal law, Governor
Cuomo signed legislation in 2015 authorizing ten sites for the growing
of industrial hemp as part of agricultural pilot programs. The
Governor signed further legislation in 2016 and 2017, expanding the
scope and breadth of this research.
This bill would ensure that industrial hemp is recognized as
agricultural product and is treated like other agricultural products.
It would also established a framework to develop standards and quality
benchmarks for industrial hemp seed developed in New York and
facilitate and support additional study of industrial hemp and
products derived from hemp.
By supporting and expanding the research and study of industrial hemp,
New York State can become a leader in providing valuable knowledge
concerning the growth, cultivation, uses, processing and product
development that will benefit New York farms and businesses.
With New York in the forefront of industrial hemp research, New York
producers and manufacturers will be in an excellent position to
capitalize on this emerging crop.
PRIOR LEGISLATIVE HISTORY :
This is a new bill.
FISCAL IMPLICATIONS :
None expected.
EFFECTIVE DATE :
This bill would take effect immediately.

S T A T E O F N E W Y O R K
________________________________________________________________________
6787
2017-2018 Regular Sessions
I N S E N A T E
June 17, 2017
___________
Introduced by Sen. O'MARA -- (at request of the Governor) -- read twice
and ordered printed, and when printed to be committed to the Committee
on Rules
AN ACT to amend the agriculture and markets law, in relation to the
inspection and sale of industrial hemp seeds, the support of the
industrial hemp industry and the inclusion of industrial hemp as a
crop
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Declaration of legislative findings and intent. It is here-
by found and declared that industrial hemp is an agricultural commodity,
the domestic cultivation of which has the potential not only to generate
new jobs in agriculture and enhance the profitability of New York farms,
but to expand opportunities for processors and manufacturers producing a
wide array of traditional and new products using industrial hemp.
It is the declared policy of the state to become a leader in encourag-
ing and supporting research into the growth, cultivation, uses, process-
ing and development of industrial hemp and products derived from indus-
trial hemp to benefit its people and to support New York farms and
businesses to the full extent permitted by law.
S 2. Subdivision 3 of section 136 of the agriculture and markets law,
as amended by chapter 160 of the laws of 1983, is amended to read as
follows:
3. The terms "agricultural seeds" and "crop seeds" include the seeds
of grass, forage, cereal, field beans, and fiber crops, INCLUDING
"INDUSTRIAL HEMP" AS DEFINED IN SECTION FIVE HUNDRED FIVE OF THIS CHAP-
TER, or any other kinds of seeds commonly recognized within this state
as agricultural seeds, lawn seeds, and mixtures of such seeds.
S 3. Subdivision 2 of section 301 of the agriculture and markets law
is amended by adding a new paragraph l to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12018-01-7

S. 6787 2
L. INDUSTRIAL HEMP AS DEFINED IN SECTION FIVE HUNDRED FIVE OF THIS
CHAPTER.
S 4. The agriculture and markets law is amended by adding a new
section 510 to read as follows:
S 510. INDUSTRIAL HEMP SEED CERTIFICATION PROGRAM. THE COMMISSIONER
SHALL ESTABLISH AN INDUSTRIAL HEMP SEED CERTIFICATION PROGRAM IN THE
DEPARTMENT TO, AMONG OTHER THINGS, SET INDUSTRIAL HEMP SEED CERTIF-
ICATION STANDARDS AND ESTABLISH SEED QUALITY BENCHMARKS TO ENSURE THAT
THE LOCAL HEMP CULTIVARS ARE DEVELOPED TO BE WELL ADAPTED FOR NEW YORK
STATE'S CLIMATE AND FARM MANAGEMENT PRACTICES AND THAT THEY ARE STABLE
WITH RESPECT TO THE CONCENTRATION OF DELTA-9 TETRAHYDROCANNABINOL.
S 5. The agriculture and markets law is amended by adding a new
section 511 to read as follows:
S 511. INDUSTRIAL HEMP DATA COLLECTION AND BEST FARMING PRACTICES.
THE DEPARTMENT, THROUGH THE COMMISSIONER, SHALL HAVE THE POWER TO
COLLECT AND PUBLISH DATA AND RESEARCH CONCERNING, AMONG OTHER THINGS,
THE GROWTH, CULTIVATION, PRODUCTION AND PROCESSING METHODS OF INDUSTRIAL
HEMP AND PRODUCTS DERIVED FROM INDUSTRIAL HEMP. BASED UPON THIS
COLLECTION OF DATA AND RESEARCH, THE DEPARTMENT SHALL WORK WITH THE
CORNELL COOPERATIVE EXTENSION TO PROMOTE BEST FARMING PRACTICES FOR
INDUSTRIAL HEMP WHICH ARE COMPATIBLE WITH STATE WATER QUALITY AND OTHER
ENVIRONMENTAL OBJECTIVES.
S 6. The agriculture and markets law is amended by adding a new
section 512 to read as follows:
S 512. INDUSTRIAL HEMP ECONOMIC DEVELOPMENT. THE COMMISSIONER SHALL
CONSULT AND COOPERATE WITH THE NEW YORK STATE URBAN DEVELOPMENT CORPO-
RATION WITH RESPECT TO THE FUNDING AND SUPPORT OF RESEARCH CONCERNING
INDUSTRIAL HEMP AND BUSINESSES INVOLVED IN THE PROCESSING AND MANUFAC-
TURING OF INDUSTRIAL HEMP PRODUCTS.
S 7. The agriculture and markets law is amended by adding a new
section 513 to read as follows:
S 513. INDUSTRIAL HEMP ONE-STOP SHOP. THE COMMISSIONER SHALL ESTABLISH
A DEPARTMENT ONE-STOP SHOP HOTLINE AND WEBPAGE TO PROVIDE INFORMATION
AND TECHNICAL ASSISTANCE TO PRODUCERS AND MANUFACTURERS WITH RESPECT TO
THE LAW AND REGULATIONS SURROUNDING INDUSTRIAL HEMP FOR SO LONG AS
INDUSTRIAL HEMP IS SUBJECT TO REGULATION UNDER THE FEDERAL OR STATE
CONTROLLED SUBSTANCES ACT.
S 8. The agriculture and markets law is amended by adding a new
section 514 to read as follows:
S 514. INDUSTRIAL HEMP WORKGROUP. THE COMMISSIONER SHALL APPOINT A NEW
YORK STATE INDUSTRIAL HEMP WORKGROUP, COMPOSED OF RESEARCHERS, PRODUC-
ERS, PROCESSORS AND MANUFACTURERS, SERVING TWO-YEAR TERMS, TO MAKE
RECOMMENDATIONS CONCERNING RESEARCH TOPICS FOR THE INDUSTRIAL HEMP
RESEARCH PILOT PROGRAM, STATE AND FEDERAL POLICIES AND POLICY INITI-
ATIVES, AND OPPORTUNITIES FOR THE PROMOTION AND MARKETING OF INDUSTRIAL
HEMP AS CONSISTENT WITH FEDERAL AND STATE LAWS, RULES AND REGULATIONS,
WHICH WORKGROUP SHALL CONTINUE FOR SUCH TIME AS THE COMMISSIONER DEEMS
APPROPRIATE.
S 9. This act shall take effect immediately.

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